HomeMy WebLinkAbout20201430.tiffHEARING CERTIFICATION
DOCKET NO. 2020-38
RE: CHANGE OF ZONE, COZ20-0003, FROM THE A (AGRICULTURAL) ZONE DISTRICT
TO THE 1-2 (MEDIUM INDUSTRIAL) ZONE DISTRICT — DOUG DERR AND DARWIN
DERR
A public hearing was conducted on May 20, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Melissa King
Health Department representative, Lauren Light
The following business was transacted:
e I hereby certify that pursuant to a notice dated April 17, 2020, and duly published April 22,
2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Doug
Derr and Darwin Derr, for a Change of Zone, COZ20-0003, from the A (Agricultural) Zone District
to the 1-2 (Medium Industrial) Zone District. Bob Choate, Assistant County Attorney, made this a
matter of record.
e Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
provided the general location of the site, and stated the site is within the three (3) mile of referral
area of the Cities of Greeley and Evans, and the Towns of Kersey and Garden City. He described
the surrounding uses and adjacent properties and noted the site is within the Airport Overlay
District and the Airport Critical Flight Zone. Mr. Ogle cited the City of Greeley's
2060 Comprehensive Plan and Land Use Guidance Map, which identify the area of the site as
being employment/industrial/commercial. He reviewed the City of Greeley's referral response,
which indicates the site is within the City's Long Range Expected Growth Area and mentions the
proposed use is a "supportable land use." He provided the zoning history of the property,
explained there is an active Zoning Violation, ZCV18-00234, due to the storage of operational
and non -operational, commercial vehicles and equipment, and stated neither the Zoning Violation
or the associated court case, 19-C-32840, can be dismissed until all of the Conditions of
Approval (COA) have been completed, the Change of Zone (COZ) plat has been recorded, and
the Site Plan Review (SPR) perfected, to bring the property into compliance. He noted the
Planning Services staff sent out notices to four (4) surrounding property owners (SPOs), had
received no correspondence regarding the application and described the proximity of the two (2)
nearby residences. He indicated referrals were sent to 14 agencies, three (3) responded, he
entered the favorable recommendation of the Planning Commission into the record as written,
and displayed images of the site and surrounding views.
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HEARING CERTIFICATION - DOUG DERR AND DARWIN DERR (COZ20-0003)
PAGE 2
• J.C. York, J & T Consulting, Inc., represented the applicant and shared a PowerPoint
presentation (Exhibit D). He displayed the COZ plat map, explained why the COZ is consistent
with the Weld County Comprehensive Plan, and cited Weld County Code Section 22-2-80,
describing how the proposed COZ meets the Code. He displayed a map of the Weld County and
City of Greeley zoning in the area, as well as the City of Greeley's Land Use Guidance Map, and
stated the applicants obtained several letters of support from neighbors (Exhibit E).
• No public testimony was offered concerning this matter.
• In response to Commissioner Kirkmeyer, Mr. Ogle confirmed with 1-2 (Medium Industrial)
zoning, any proposed mining activities would still require a Use by Special Review (USR) Permit.
la Commissioner Kirkmeyer moved to approve the request of Doug Derr and Darwin Derr for a
Change of Zone, COZ20-0003, from the A (Agricultural) Zone District to the 1-2 (Medium
Industrial) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval, as amended. The motion was seconded by
Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:54 a.m.
This Certification was approved on the 27th day of May, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: die/44) jdo;lik
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Fjpeman, Chair
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